How to Prepare for Immigration Proceedings

Removal proceedings and deportation

Removal proceedings are the legal process used to decide whether a noncitizen should be ordered to leave the United States. These proceedings take place in immigration court and are sometimes called immigration court proceedings.

If the judge decides that a person must leave the country, they issue a removal order. A removal order is a formal decision by the court that someone no longer has legal permission to stay in the U.S. Deportation is the actual act of the government physically removing a person from the United States after a removal order has been issued.

People who can be placed in removal proceedings include those who:

Entered the U.S. without legal permission
Overstayed a visa
Violated the terms of their status
Were convicted or accused of certain crimes

Immigration courts are run by the Executive Office for Immigration Review (EOIR), which is part of the U.S. Department of Justice (DOJ).

Standard removal proceedings

Standard removal proceedings start when the Department of Homeland Security (DHS) gives you a Notice to Appear (NTA). This is a document that says why the government believes you should be deported. Your case will take place in immigration court, usually near where you live. It can take months or even years to finish.

At your hearings, both you and a government lawyer will share information with the judge. You may be able to apply for one or more kinds of “relief from removal,” meaning a legal way to stay in the U.S. If the judge agrees with the government, they may give you a removal order. Some people accept this order and leave the country. The government could also physically remove you from the U.S.

Expedited removal proceedings

Expedited removal allows immigration officers to quickly deport you without a hearing before an immigration judge. If you entered the U.S. without authorization and cannot prove you have lived in the USA for at least two years, you could face expedited removal.

This process can move quickly, sometimes within a few hours, but it can also take days or even weeks. Timing often depends on where you are detained and what country you are being deported to. These proceedings are conducted by DHS.

Being detained

You may be held in a detention facility or monitored while you go through immigration proceedings. Monitoring may include being tracked through a phone app, wearing an ankle monitor, or checking in regularly with ICE.

If you are detained and are afraid to return to your home country, tell the immigration officer you are afraid to return to your home country and want to apply for asylum.
If you are detained by DHS, you might be eligible for release from detention on “parole.” You can ask your deportation officer about applying for release on parole.
Although most people are not detained during their case, it is possible to be detained at a master calendar hearing, after a final hearing if asylum is denied (even if you appeal), or if the government asks to dismiss your case and move you into expedited removal.

Steps to prepare for removal proceedings

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1. Read your Notice to Appear

Immigration proceedings start when DHS issues you a Notice to Appear (NTA), also known as Form I-862. The NTA lists information about you, such as your name, country, and when you entered the USA. It also lists charges or immigration laws that you may have violated. It may include the date, time, and location of your first hearing.

Some things to know:

If the NTA is missing required information or contains errors, it may be legally invalid.
If the NTA does not specify the date and time of your first hearing, you should receive a notice from the immigration court, but it is possible you will not receive notice, and you will need to look it up.
Contact your deportation officer if you have not been given an NTA within 72 hours of your arrest. This could also mean you are in expedited removal proceedings.

View this sample NTA

2. Find legal help

It is important to try to find legal help as soon as possible. An immigration lawyer can guide you through the court process and help protect your rights. Many organizations and lawyers offer free or low-cost legal services and support.

A lawyer or attorney is someone licensed to give legal advice and represent you in court. An accredited representative is a non-lawyer trained in immigration law and allowed to help people in immigration court if they work for an approved organization.

Currently, it has been hard for some to connect with lawyers. If you can not get legal help, find information to help you represent yourself.

3. Keep track of important dates and locations

It is your responsibility to keep up with your case and make sure you receive updates from the court.

Make sure you have your A-number, which you will use to get updates.
Track your hearing dates and case closely. They can reschedule at any time or even dismiss your case.
Check for updates every week. You can:
- Call EOIR hotline: 800-898-7180 or 304-625-2050
- Visit EOIR case status website
- Contact your local immigration court
Confirm if your hearing is online or in person. This should be noted on your hearing notice. Online hearings are called “internet-based hearings” and use a video app called Webex. Learn more about how to join an online hearing.
Attend all hearings. If you miss a hearing, the judge can order you removed for not showing up. This is called an in absentia removal order. These orders cannot be appealed and are only reopened in rare cases.
Update your address if you move. Send a change of address form to EOIR within 5 days of moving so you do not miss important notices from the court.
File a motion to change venue if you move out of state. If the motion is not granted, you must still go to your assigned court, even if it is not close to you.
Attend your biometrics appointment if you receive a notice for fingerprinting.

4. Know your rights

Your rights can vary depending on your type of case, but knowing them can help you make safer and more informed choices.

Standard removal proceedings

If you are in regular immigration court, the judge should explain your rights at your first master calendar hearing.

You have the right to a lawyer, but the government will not give you one for free. You must find and pay for your own lawyer or accredited representative.
- You can ask the judge for a list of free or low-cost legal providers.
- You can ask for more time to find a lawyer or prepare your case.
- You can hire a lawyer at any point during your case.
You have the right to an interpreter if you do not speak English.
- It is best to ask for an interpreter before your full immigration court hearing to make sure one is available.
You have the right to apply for any type of “relief from removal” that you are eligible for.
- “Relief from removal” means a legal basis to stay in the U.S. These forms of relief are based on laws in the Immigration and Nationality Act.
You have the right to share evidence and bring witnesses.
- You should be able to see all the evidence the government uses and respond to it.
You have the right to appeal.
- If you lose your case, you can appeal to the Board of Immigration Appeals (BIA).

Expedited removal proceedings

You have the right to ask for asylum if you fear being harmed in your home country. Asylum is for people who might face serious harm in their home country because of their race, religion, nationality, political opinion, or membership in a particular social group. There are other eligibility requirements for asylum as well.

If you are afraid, clearly say: “I am afraid to go back to my home country.” Say it as early and as often as possible.

You also have the right to a credible fear interview. This is when an immigration officer asks you questions to decide if you have a real fear of persecution or torture and whether you can apply for asylum or another form of protection. This is when an asylum officer asks you questions to decide if you have a real fear of persecution or torture.

5. Explore your options to stay in the U.S.

While you are present in the United States and in immigration proceedings, you may be able to apply for immigration benefits or forms of relief if you are eligible. These can include:

Asylum allows you to stay and work in the USA if you have been persecuted or fear persecution in your home country. Asylees can apply for a Green Card.
Withholding of removal protects you from being returned to your home country if you would face persecution. Unlike asylum, it does not lead to a Green Card.
Convention against Torture (CAT) protects you from being returned to a country where the government is likely to torture you. Unlike asylum, it does not lead to a Green Card.
Cancellation of removal, for Green Card holders and undocumented immigrants, allows you to stay in the U.S. if you have been in the U.S. for many years.
Adjustment of status through a family member allows you to apply for lawful permanent status if there is an immigrant visa immediately available.
Voluntary departure means you agree to return to your country on your own. The deportation order will not appear on your record.

You can find official forms on the EOIR website and the USCIS website.

6. Prepare your case

Being prepared is important for success in immigration court. Here are some ways you can prepare for your hearings. Remember, it is important to get legal help if you can.

Organize your documents. Always save copies of everything you send and receive, including letters and receipts from USCIS and EOIR.
Prepare your application. Follow the step-by-step instructions for each form before filling it out. Write down any questions to ask your lawyer or the judge. Go over your answers with your lawyer before submitting.
Know your legal defenses. Work with a lawyer to identify legal arguments and understand what you are applying for.
Collect evidence to support your case. These may include medical records, police reports, proof of residence, letters from family, friends, and experts, news articles, and reports.
Prepare all the documents you need to bring to your hearings, including your NTA, ID, applications, and list of witnesses. Make sure each document is clearly labeled and translated into English if it is in another language.
Prepare for questioning. Practice direct and cross examinations with your lawyer. This can help you get a sense of the type of questions you will be asked and how to respond. It can take some time to get used to how to answer questions during a court hearing.
Review your application. Before you merits hearing, read your application and answers again to remind yourself what you wrote.

7. Go to your hearings

During your immigration hearings, you will appear before an immigration judge. Some hearings are in person at the courthouse, and others may be online. Check your hearing notice or case information to find out.

If your hearing is in person, make sure you know the exact location of your court and plan to arrive early. It’s best to get there 30 to 60 minutes before your hearing to allow time for security and check-in.

During your hearing, listen closely and wait until each question is fully asked before you answer. If you do not understand a question, it is okay to ask for it to be repeated or explained.

Bond hearing

If you are detained by DHS, you can ask for a bond hearing to be released from detention, if eligible. You can ask in writing or request one in person at court. Bond hearings are separate from your main immigration case.

The judge can set a bond amount, which is the money you pay to be released from custody. This money is usually returned at the end of your case if you follow all court orders.
If you cannot afford the bond, you can ask the judge to lower the amount. You can also contact the National Bail Fund Network for help paying your bond.
If you do not agree with the bond decision, you can file an appeal with the BIA.

Master calendar hearings

Your first hearing or set of hearings is called master calendar hearings. These are usually short, only a few minutes, but you may need to stay for several hours because many cases are scheduled at the same time. These hearings are public. If your children are included in your case, bring them to the first master calendar hearing unless the judge tells you they do not need to attend.

Here is what you can expect:

Overview of rights: The judge should explain your rights, often to a group of people in court.
Pleadings: The judge should confirm your full name, address, and preferred language. You will be asked to admit or deny the charges listed in your NTA. If any of the details or information on the NTA is wrong, tell the judge. You can ask to see any evidence against you before responding. You have the right to ask the judge for more time if you are unsure how to respond.
Country of removal: You can name a country you would prefer to be removed to if deported. If that country does not accept you or you do not choose one, the judge will select one. You do not have to choose a country for removal.
Legal representation: The judge should ask if you have a lawyer or need time to find one.
Issues for review: You or your lawyer can raise any legal issues for the judge to consider.
Apply for relief from removal: You or your lawyer should tell the judge if you plan to apply for relief, like asylum. The judge will set deadlines for filing and will schedule a future hearing, called a merits hearing.

Merits hearing

Your individual hearing is called a merits hearing. This is when you present your case in full. These hearings can last several hours and, if more time is needed, can be continued on another date. Many judges will want more time based on testimony and evidence.

Oath: At the beginning of the hearing, you will be asked to raise your right hand and swear to tell the truth.
Updating information: You have the opportunity to correct or update information on any applications you previously filed.
Admission of exhibits: The judge will formally admit documents to the record, such as the NTA, application for relief, and supporting documents.
Opening statement: Some judges allow lawyers to start with an overview of the case.
Direct examination: You will testify about why you should be allowed to stay in the U.S. and how your case falls into one of the categories of relief to stay in the U.S. Your lawyer will guide you through this with questions.
Cross-examination: The government lawyer will question you and your witnesses to challenge your claims.
Redirect examination: Your lawyer may ask further questions to clarify your statements after the cross-examination.
Examination by the judge: The judge may ask questions at any time.
Closing statements: Both lawyers can summarize their arguments.
Decision: The judge will usually provide a final decision at the end of the hearing or send a written decision later stating whether you are allowed to stay in the U.S. or if you must leave.

8. Review your case decision

After your merits hearing, the immigration judge will issue a decision on your case. You can track your case with the EOIR hotline. This decision will become final in 30 days unless you or DHS appeals the decision.

You can reserve or waive your right to appeal. It is important to discuss all possible outcomes of your case with your lawyer to prepare for the next steps.

Possible outcomes

Administrative closure: Administrative closure is the temporary suspension of a case. It is often used when other related processes need to be resolved, such as a pending visa application or another legal issue. It is not a final decision, and the case will need to be reopened for a final decision once the other legal issues are resolved.
Termination: If the judge terminates your case, your removal proceedings are closed, and you are no longer facing deportation in immigration court.
Relief from removal: If you win your case and DHS does not appeal, you will be allowed to stay in the USA in whatever status the immigration judge grants you.
Voluntary departure: You can choose to leave the USA voluntarily instead of being deported.
Order of removal: If you lose your case and do not appeal, you will receive an order of removal and may be removed from the United States.

Appeal your case

If you disagree with the immigration judge’s decision, you can file an appeal with the Board of Immigration Appeals (BIA). The BIA manages appeals from decisions made in immigration court and from DHS.

You must file an appeal (using Form EOIR-26) within 30 days of your decision. The 30 days start from the date the judge’s written decision is issued. The government lawyer can also file an appeal.
The BIA reviews the case based on the complete record, including evidence and arguments from both sides. They can decide to agree with the judge, change the decision, or send the case back to the immigration court for further review. This may take several months to years.
If you want to appeal, you must tell the judge that you “reserve” your right to appeal at your merits hearing. You will get a temporary stay of removal for 30 days. This means the government should not deport you while you wait for a decision on your appeal.
If there is new evidence that could affect the outcome of your case, you can file a motion to reopen with the court. You must file this motion within 90 days of the final decision.
If you need help with your appeal, the Catholic Legal Immigration Network offers free or low-cost legal help.

9. Understand what happens next

What happens next depends on the judge’s decision.

If you are granted relief from removal:

If the judge grants you relief, you may receive lawful immigration status right away. For some types of relief, you may have to wait before your status is officially granted.
If you are in detention, you should be released in most cases. You will get instructions on what to do next based on the type of relief you were granted. However, ICE may decide to appeal the judge’s decision. If that happens, you might have to stay in detention even though the judge ruled in your favor.

If the judge orders you removed:

If you are detained after the removal order, you may stay in detention until you are deported. Some people are deported within a few days, while others wait weeks or longer. In general, you should not be held for more than 6 months after receiving a final order of removal.
If you are not in detention when the judge gives a removal order, ICE may detain you to carry out the deportation.
In some cases, you may not be detained or deported right away. However, if you have a final removal order, you can still be at risk of detention or deportation in the future if ICE encounters you.
After you are deported from the U.S., you cannot return without special permission for 5 years or more, depending on your case. In some situations, you may be able to apply for a waiver to return sooner.